Arvind Kejriwal challenges ninth probe agency summons in Delhi High Court

New Delhi:

Delhi Chief Minister Arvind Kejriwal has moved the Delhi High Court seeking no enforcement action against him in the GST policy case.

A division bench headed by Justice Suresh Kumar Kait will hear the matter this morning. So far, the Enforcement Directorate has issued nine summonses to him in connection with excise tax cases.

During a hearing in the Delhi High Court on Wednesday in a related case, his lawyers said they feared the ED would arrest him and he was prepared to appear in court if he was granted protection.

The financial probe agency has summoned him to appear in court on March 21 based on the Education Ministry’s final summons in the GST case.

The Delhi High Court on Wednesday sought the education department’s response to a plea filed by Delhi Chief Minister Arvind Kejriwal challenging the summons issued to him in the Delhi excise policy case.

During the hearing, the judge asked Kejriwal’s lawyer: “Why didn’t you appear before the Enforcement Directorate?”

In his reply, senior advocate Abhishek Manu Singhvi said AAP leaders Manish Sisodia and Sanjay Singh were also cited by the Agency Arrest. We are concerned that the Department of Education will arrest him, but he is ready to appear in court if protected.

Kejriwal, through the plea, sought to have Section (2) (s) of the PMLA declared ultra vires, unconstitutional and arbitrary as it has been interpreted to include a political party within its ambit and ambit.

Kejriwal’s plea further stated that this petition has been filed under extreme urgency and urgency to take advantage of such arbitrary process under PMLA and create unfairness in the upcoming general elections scheduled to be held on April 19, 2024 competitive environment. , and tilted the electoral process in favor of the central ruling party, which controls the electoral commission through the Ministry of Finance.

“The action is being taken keeping in mind the petitioner’s role as a vocal critic of the ruling party and as leader of the opposition and partner of the Indian Union in the general elections next year,” the plea said.

“By using such provisions of the PMLA for investigation/arrest or threats, the ED, which controls the central government, has been weaponized as a tool to force changes in the political landscape of the country in favor of the ruling dispensation,” Kejriwal claimed.

The plea further stated that so far as the petitioner is concerned, the impugned summons dated February 26, 2024 and March 16, 2024 were issued to the petitioner with an indirect motive to arrest the petitioner (Kejriwal).

The investigation of this case started on August 22, 2022, and lasted for one and a half years. After the investigation, as many as 6 prosecutorial complaints and thousands of documents have been submitted.

The defendant has all the necessary documents/information in his possession and therefore summoning the applicant “in person” is an illegal tactic to arrest the applicant and the present situation is a clear case of bad faith.

Since the Respondent submitted a detailed complaint containing thousands of documents, it is clear that all relevant materials and information are in the hands of the Enforcement Directorate.

Last week, the Additional Chief Metropolitan Magistrate of Rouse Avenue Court granted bail to Arvind Kejriwal on two complaints lodged by the ED for non-compliance with summons issued by the agency. During the hearing, Kejriwal appeared in person.

According to the education ministry, the agency wants to record Kejriwal’s statements in the case regarding the formulation of the policy, meetings held before its finalization and bribery allegations.

In the sixth chargesheet filed on December 2, 2023, it was alleged that AAP leader Sanjay Singh and his aide Sarvesh Mishra were accused of using the The policy generated kickbacks worth Rs 45 crore as part of its assembly election campaign. Goa 2022.

The now-removed excise policy was aimed at “reviving the city’s flagging liquor industry” and replaced the volume-based system with a licensing fee from traders.

Lieutenant Governor Vinai Kumar Saxena has ordered a probe into alleged irregularities in the policy. AAP accused Saxena’s predecessor Anil Baijal of sabotaging the move by making some last-minute changes that resulted in lower-than-expected revenue.

Two senior AAP leaders, Manish Sisodia and Sanjay Singh, were detained in judicial custody in the case. Sisodia, then deputy chief minister of Delhi, was arrested by India’s Central Bureau of Investigation on February 26 after multiple rounds of interrogation. On October 5, ED arrested Rajya Sabha member Sanjay Singh.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)